[Code of Federal Regulations]
[Title 19, Volume 3]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR210.43]

[Page 158-160]
 
                        TITLE 19--CUSTOMS DUTIES
 
                 CHAPTER II--UNITED STATES INTERNATIONAL
                            TRADE COMMISSION
 
PART 210--ADJUDICATION AND ENFORCEMENT--Table of Contents
 
               Subpart G--Determinations and Actions Taken
 
Sec. 210.43  Petitions for review of initial determinations on matters other than temporary relief.

    (a) Filing of the petition. (1) Except as provided in paragraph 
(a)(2) of this section, any party to an investigation may request 
Commission review of an initial determination issued under 
Sec. 210.42(a)(1) or (c), Sec. 210.50(d)(3) or Sec. 210.70(c) by filing 
a petition with the Secretary. A petition for review of an initial 
determination issued under Sec. 210.42(a)(1) must be filed within 10 
days after service of the initial determination. A petition for review 
of an initial determination issued under Sec. 210.42(c) must be filed 
within five business days after issuance of the initial

[[Page 159]]

determination. A petition for review of an initial determination issued 
under Sec. 210.50(d)(3) or Sec. 210.70(c) must be filed within 10 days 
after issuance of the initial determination.
    (2) A party may not petition for review of any issue as to which the 
party has been found to be in default. Similarly, a party or proposed 
respondent who did not file a response to the motion addressed in the 
initial determination may be deemed to have consented to the relief 
requested and may not petition for review of the issues raised in the 
motion.
    (b) Content of the petition. (1) A petition for review filed under 
this section shall identify the party seeking review and shall specify 
the issues upon which review of the initial determination is sought, and 
shall, with respect to each such issue, specify one or more of the 
following grounds upon which review is sought:
    (i) That a finding or conclusion of material fact is clearly 
erroneous;
    (ii) That a legal conclusion is erroneous, without governing 
precedent, rule or law, or constitutes an abuse of discretion; or
    (iii) That the determination is one affecting Commission policy.

The petition for review must set forth a concise statement of the facts 
material to the consideration of the stated issues, and must present a 
concise argument providing the reasons that review by the Commission is 
necessary or appropriate to resolve an important issue of fact, law, or 
policy.
    (2) Any issue not raised in a petition for review will be deemed to 
have been abandoned by the petitioning party and may be disregarded by 
the Commission in reviewing the initial determination (unless the 
Commission chooses to review the issue on its own initiative under 
Sec. 210.44).
    (3) Any petition designated by the petitioner as a ``contingent'' 
petition for review shall be deemed to be a petition under paragraph 
(a)(1) of this section and shall be processed accordingly.
    (4) A party's failure to file a petition for review of an initial 
determination shall constitute abandonment of all issues decided 
adversely to that party in the initial determination.
    (c) Responses to the petition. Any party may file a response to a 
petition for review within five business days after service of the 
petition, except that a party who has been found to be in default may 
not file a response to any issue as to which the party has defaulted.
    (d) Grant or denial of review. (1) The Commission shall decide 
whether to grant, in whole or in part, a petition for review of an 
initial determination filed pursuant to Sec. 210.42(a)(1), 
Sec. 210.50(d)(3) or Sec. 210.70(c) within 45 days of the service of the 
initial determination on the parties, or by such other time as the 
Commission may order. The Commission shall decide whether to grant, in 
whole or in part, a petition for review of an initial determination 
filed pursuant to Sec. 210.42(c) within 30 days of the service of the 
initial determination on the parties, or by such other time as the 
Commission may order.
    (2) The Commission shall decide whether to grant a petition for 
review, based upon the petition and response thereto, without oral 
argument or further written submissions unless the Commission shall 
order otherwise. A petition will be granted and review will be ordered 
if it appears that an error or abuse of the type described in paragraph 
(b)(1) of this section is present or if the petition raises a policy 
matter connected with the initial determination, which the Commission 
thinks it necessary or appropriate to address.
    (3) The Commission shall grant a petition for review and order 
review of an initial determination or certain issues therein when at 
least one of the participating Commissioners votes for ordering review. 
In its notice, the Commission shall establish the scope of the review 
and the issues that will be considered and make provisions for filing of 
briefs and oral argument if deemed appropriate by the Commission. If the 
notice solicits written submissions from interested persons on the 
issues of remedy, the public interest, and bonding in addition to 
announcing the Commission's decision to grant a petition for review of 
the initial determination, the notice shall be served by the Secretary 
on all parties, the U.S. Department of Health and Human Services,

[[Page 160]]

the U.S. Department of Justice, the Federal Trade Commission, the U.S. 
Customs Service, and such other departments and agencies as the 
Commission deems appropriate.

[59 FR 39039, Aug. 1, 1994, as amended at 59 FR 67628, Dec. 30, 1994; 60 
FR 53120, Oct. 12, 1995]